PALEA calls for respect for agreement amidst buyout deal

Press Release

September 12, 2014

PALEA

Amidst the buyout deal at Philippine Airlines (PAL), the Philippine Airlines Employees’ Association (PALEA), the ground crew union of the flag carrier, today called on management to respect the agreement settling the long-running outsourcing dispute. The union expressed hope that a conclusion to the corporate battle over PAL will lead to the full execution of the settlement agreement as the prolonged buyout talks have delayed its implementation.

Last Monday, media reported that San Miguel Corp. and the Lucio Tan group had signed a deal for the latter to buy back the 49% share of the former for US$1 billion to be paid within one week.

“We expect that PAL management would faithfully and fully implement the terms of the agreement resolving the outsourcing dispute. Anything less would mean the resurgence of labor troubles at the flag carrier that could threaten PAL’s return to profitability,” averred Gerry Rivera, PALEA president and Partido ng Manggagawa vice chair.

In November of last year, PAL and PALEA signed an accord to settle the labor dispute arising from the implementation of an outsourcing program that led to the retrenchment of more than 2,000 employees in September 2011. Meanwhile PAL reported a US$1.49 billion profit in the second quarter of this year, reversing a trend of losses for the past several years.

“PALEA has reliably complied with its part of the settlement agreement such as dismantling the picketline and terminating labor cases. Whoever is in control of PAL, we demand that management do the same,” Rivera added.

The settlement provides for the rehiring as regular workers of some 600 PALEA members who were retrenched in 2011 but refused to accept the outsourcing scheme. The agreement also grants an improved separation package.

Rivera asserts that the resolution of the outsourcing dispute is one of the factors that led to PAL’s profitability this year. In the two-year long pendency of the outsourcing issue, PALEA’s supporters have called for a boycott of PAL.

PALEA’s struggle against contractualization has been a trailblazer campaign that has influenced industrial relations in the country. The Labor Department issued new guidelines on subcontracting called DO 18-A in the wake of the PALEA protest and the fractious labor movement united in support of the embattled PAL union.

PALEA calls on Ramon Ang to drop charges against members

Press Release

November 9, 2012

PALEA

The Philippine Airlines Employees’ Association (PALEA) today called on new Philippine Airlines (PAL) President Ramon Ang to drop all charges against its members in order to facilitate a solution to the labor row. Last Wednesday a second PALEA member was arrested in Makati City while the first was detained for several days last October in Malvar, Batangas.

Gerry Rivera, PALEA president and vice chair of Partido ng Manggagawa, said that “We hold Mr. Ang to his commitment to Manila Auxiliary Bishop Broderick Pabillo that he desires a just and mutually beneficial resolution of the dispute. Arresting PALEA members one by one in order to demoralize our determination to fight is contrary to the contents of Mr. Ang’s letter to Bishop Pabillo. We hope Mr. Ang realizes that for PAL to fly the flag proud it needs motivated regular workers not just brand new planes and a bigger airport.”

PALEA member Ether Gonzaga was served a warrant yesterday noon while attending a barangay meeting. Meanwhile Romeo Sayas was arrested in his hometown in Batangas. Gonzaga declared that “Our will to struggle against contractualization is strengthened not weakened by PAL’s trumped op charges. We will gladly eat harassment cases for breakfast, lunch and dinner.” Gonzaga, aged 54, worked as catering coordinator at PAL for 20 years before being retrenched last year. A single parent to two sons, her job at PAL supported an extended family that included her 86-year old mother, a sister, two brothers and relatives in Iloilo.

Rivera insisted that “The arrest of Romeo and Esther are a travesty of justice. They should not have been arrested in the first place and the charges should have been dismissed outright.” He quoted the Department of Justice Ministry Circular No. 15 (Series of 1982) and the Department of Labor and Employment Order No. 40-G-03 (Series of 2010) that no criminal information can be filed against workers without the required clearance from the DOLE.

Sayas, Gonzaga and another 37 PALEA members were issued warrants of arrest by the Pasay City Municipal Trial Court branch 44 after finding probable cause to a grave coercion case filed by Philippine Airlines against workers who defended the protest camp when it was attacked by hired goons on October 29, 2011.

With the onset of the air travel peak season, Renato Magtubo, PM national chair, renewed the call of labor and church groups for the public to boycott PAL until the labor dispute is resolved and charges against PALEA members are dropped. “We ask OFW’s, balikbayans, students, workers and other travelers to book airlines other than PAL and Air Philippines as labor rights are being violated at the flag carrier,” he reiterated.

Rivera extolled Sayas as a “working class martyr.” “Sayas worked for 20 years as ramp equipment operator in the airport, at first as a contractual, and then he became a regular PAL employee but was finally retrenched for refusing to be outsourced. He has two children, and hails from a working class family—his brother is also a fighting PALEAn and their father formerly worked at PAL,” he stated.

PALEA lawyers have previously file a motion to quash or recall the arrest warrants Aside from the case against the PALEA 39, there are is another criminal suit and a separate civil suit pending against union members, all arising out of the labor row concerning outsourcing at PAL.

PALEA slams arrest of another member

Press Release

November 8, 2012
PALEA

The Philippine Airlines Employees’ Association (PALEA) condemned the arrest of another of its members as it planned protests at the airport area in response. PALEA member Esther Gonzaga was arrested yesterday around noon in Makati City and was granted temporary freedom by 6:30 pm after posting bail.

Gonzaga’s arrest follows the earlier apprehension of Romeo Sayas who was detained in Malvar, Batangas for several days before he was released on bail.  Gerry Rivera, PALEA president and PM vice chair declared that “The harassment case of grave coercion was filed by the management of PAL against the PALEA 39 who valiantly defended the protest camp when it was attacked by hired goons on October 29, 2011.”

Aside from the case against the PALEA 39, there are two more criminal suits pending against union members due to the labor row. Rivera called on new PAL President Ramon Ang “to facilitate the resolution of the labor dispute by dropping the trumped up charges against our members which were filed under the old company management of Jaime Bautista.”

Gonzaga was arrested near her residence while attending a barangay meeting as she is a community leader. She is one of two women among the PALEA 39. PALEA believes that the warrants of arrest on the remaining 37 PALEA members may also be served in the coming days.

Rivera explained that as enunciated under DOJ Ministry Circular No. 15 (Series of 1982) and DOLE Order No. 40-G-03 (Series of 2010), no criminal information can be filed against workers without the required clearance from the DOLE. “Absent such clearance, the courts are mandated to dismiss the charges outright. Such a policy, started after the formal lifting of martial law, aims to resolve rather than aggravate labor disputes and regulate the proclivity of capitalists to engage in harassment suits against workers,” Rivera elaborated.

PALEA also lambasted Pasay Assistant City Prosecutor Orlando Mariano and Judge Bibiano Colasito of the Pasay MTC Branch 44 for finding probable cause and ordering the issuance of arrest warrants against 39 PALEA members. “These officers of the court not only defied labor statutes but infringed on our members right to due process, and thus deserve to face administrative charges,” Rivera insisted.

He also denounced PAL lawyer Atty. Santiago “Sonny” Quial for “legal machinations.” Quial is running for district representative in Pasay for the coming elections. “As many PALEA members are Pasay voters, we will make sure that a law breaker does not become a law maker,” Rivera claimed.

PALEA condemns arrest of member

Press Release

October 17, 2012

PALEA

The Philippine Airlines Employees’ Association (PALEA) condemned the arrest of one of its members as it staged an indignation rally today in front of the Philippine Airlines (PAL) In-Flight Center near the Terminal 2 of the Ninoy Aquino International Airport.

PALEA member Romeo Sayas was arrested and jailed in Malvar, Batangas yesterday. PALEA supporters from the Partido ng Manggagawa (PM) chapter in Batangas immediately visited Sayas and reported that he is in good condition. Another 38 PALEA members, two of whom are women, also face detention once served arrest warrants issued by Pasay City Municipal Trial Court (MTC) Branch 44.

Gerry Rivera, PALEA president and PM vice chair declared that “The harassment case of grave coercion was filed by the old management of PAL against the PALEA 39 who valiantly defended the protest camp when it was attacked by hired goons on October 29, 2011.”

He also announced that PALEA is going to file a motion to quash or recall the warrant of arrest and is mobilizing its members for protests at the Department of Labor and Employment (DOLE) and the Department of Justice (DOJ).

Aside from the case against the PALEA 39, there are two more criminal suits pending against union members due to the labor row. Rivera called on new PAL President Ramon Ang “to facilitate the resolution of the labor dispute by dropping the trumped up charges against our members which were filed under the old company management of Jaime Bautista.”

He explained that as enunciated in under DOJ Ministry Circular No. 15 (Series of 1982) and DOLE Order No. 40-G-03 (Series of 2010), no criminal information can be filed against workers without the required clearance from the DOLE. “Absent such clearance, the courts are mandated to dismiss the charges outright. Such a policy, started after the formal lifting of martial law, aims to resolve rather than aggravate labor disputes and regulate the proclivity of capitalists to engage in harassment suits against workers,” Rivera elaborated.

PALEA also lambasted Pasay Assistant City Prosecutor Orlando Mariano and Judge Bibiano Colasito of the Pasay MTC Branch 44 for finding probable cause and ordering the issuance of arrest warrants against 39 PALEA members. “These officers of the court not only defied labor statutes but infringed on our members right to due process, and thus deserve to face administrative charges,” Rivera insisted.

He also denounced PAL lawyer Atty. Santiago “Sonny” Quial for “legal machinations.” Quial is running for district representative in Pasay for the coming elections. “As many PALEA members are Pasay voters, we will make sure that a law breaker does not become a law maker,” Rivera claimed.

PALEA calls on new PAL management to drop criminal charges vs. members

Press Statement

September 11, 2012

PALEA

We call on the new management of Philippine Airlines headed by CEO Ramon S. Ang of the San Miguel Corp. group to facilitate the resolution of the pending labor dispute at the flag carrier by, among others, dropping the trumped up charges our members which were filed under the old company management of Jaime Bautista.

These criminal charges are an irritant to settling the labor row as they were intended to cajole and coerce PALEA members to avail of the outsourcing separation package and thereby surrender the fight for regular jobs.

The trumped up charges are inconsistent with the statement of Mr. Ramon Ang in the PAL annual stockholders meeting that the new management proposes a just and humane conclusion to the long-running labor row.

Further we call on the courts and the government to respect labor rights and labor laws. As enunciated in under DOJ Ministry Circular No. 15 (Series of 1982) and Department of Labor and Employment Department (DOLE) Order No. 40-G-03 (Series of 2010), no criminal information can be filed against workers without the required clearance from the DOLE. Absent such clearance, the courts are mandated to dismiss the charges outright. Such a policy, started after the formal lifting of martial law, aims to resolve rather than aggravate labor disputes and regulate the proclivity of capitalists to engage in harassment suits against workers.

We condemn Pasay Assistant City Prosecutor Orlando Mariano and Judge Bibiano Colasito of the Pasay MTC Branch 44 for finding probable cause and ordering the issuance of arrest warrants against 39 PALEA members, two of whom are women. These officers of the court not only defied labor statutes but infringed on our members right to due process, and thus deserve to face administrative charges.

Further we denounce PAL lawyer Atty. Santiago “Sonny” Quial for his legal machinations. Quial plans to run for city councilor if not district representative in the coming elections. As many PALEA members are Pasay voters, we will make sure that a law breaker does not become a law maker.

Finally we thank our brothers and sisters in the labor movement both here and abroad for their solidarity. As part of this solidarity, a global day of action for PALEA and other airline workers will be held on September 27, anniversary of the protest against outsourcing at PAL. Aside from rallies in Manila and Cebu, actions are scheduled in Melbourne and Sydney in Australia, Vancouver and Toronto in Canada, Istanbul in Turkey, Mumbai in India, Lahore in Pakistan and San Francisco in the USA.

PALEA slams arrest warrants on 39 members

Press Release

September 6, 2012

PALEA

The Philippine Airlines Employees’ Association (PALEA) slammed a Pasay judge for an order to issue warrants of arrests against 39 of its members. The arrest warrants arose from a case of grave coercion filed by Philippine Airlines (PAL) management. “On October 29, 2011, hired goons attacked the PALEA protest camp and then PAL management tried to turn tables by filing trumped up charges against active union members. This harassment case is meant to pressure PALEA members to surrender our fight for regular jobs,” declared Gerry Rivera, PALEA president and vice chair of Partido ng Manggagawa.

Last August 15, Judge Bibiano Colasito of the Metropolitan Trial Court Branch 44 ordered that warrants of arrests be issued after a finding of probable cause. Rivera vowed that PALEA will not give up its fight and instead challenge the decision of the court. “This issue proceeds from the labor dispute between PAL and PALEA, and thus before any civil court intervenes it must first secure a clearance from the Department of Labor and Employment or the Department of Justice which did not happen in this case,” he clarified.

In the October 29 incident, half of the protest camp was torn down, a PALEA member was severely injured in the face by an attacker and one of the goons by the name of Johnny dela Cruz from Malabon was caught but later released by the police.

“In the course of almost one year of unwavering protest against outsourcing, it is clear that there will be no industrial peace at PAL without justice for its workers. Even the new PAL CEO Ramon Ang has recognized it after hearing PAL employees who spoke at the annual stockholders meeting last August 31. Ang responded that management will talk to PALEA to find a solution to the labor dispute,” Rivera said.

He also announced that big mobilizations will be held on September 27, the first anniversary of PALEA’s airport protest against outsourcing. Rallies will be held in Manila and Cebu while actions will also be staged by airline and other unions in Sydney and Melbourne, Istanbul in Turkey, San Francisco in the USA, Toronto and Vancouver in Canada, Lahore in Pakistan and other countries. The September protests are billed as a global day of action for airline workers to highlight the campaign against outsourcing and for workers rights in the aviation industry.

                                                                                                     

Apart from the grave coercion rap, 234 PALEA members including the top leaders are facing another case due to the September 27, 2011 protest at the Manila International Airport. PAL filed the case for alleged violation of RA 9497 or the Civil Aviation Authority of the Philippines (CAAP) Law, specifically Section 81 (b) (5) which sanctions “any person who destroys or seriously damages the facilities of an airport or disrupts the services of an airport.”

Rivera added that the decision has a chilling effect on labor relations and is a clear and present danger to workers rights. “Labor protests will then be banned in the aviation industry with workers penalized by both imprisonment and fine in violation of constitutionally guaranteed rights. This will be a grave precedent and new special laws can then be enacted to deny workers the freedoms of assembly, expression, self-organization and strike,” he explained.

He explained that “The decision is void of any legal basis as no damages were committed to airport facilities. The CAAP Law is also explicit in providing that ‘only the Director General’ can file the appropriate charges and not the PAL Vice-President of the Airport Services as in this case.” Despite the finding of probable cause by another Pasay court for the CAAP Law case, warrants of arrest have apparently been stayed by petitions for review filed by PALEA.

PALEA calls on PAL stockholders to reinstate regular workers

Press Release

August 29, 2012

PALEA

On the eve of its annual meeting, the Philippine Airlines Employees’ Association (PALEA) today called on the stockholders of Philippine Airlines (PAL) to reinstate the regular workers who were retrenched in the controversial outsourcing scheme. “There will be no industrial peace at PAL without justice for workers. PALEA is part of the solution to the problems of the flag carrier,” insisted Gerry Rivera, PALEA president and vice chair of Partido ng Manggagawa.

PALEA vowed to press on with its fight against outsourcing at PAL as it commemorated the other day the 11^th month of its picketline with an assembly of several hundred workers at the protest camp outside the PAL In-Flight Center. The union is busy preparing for the anniversary of its protest with a planned global day of action on September 27 which will be marked by rallies and activities in Metro Manila, Metro Cebu, Sydney and Melbourne in Australia, Ankara in Turkey, San Francisco in the USA, Lahore in Pakistan and in several other countries.

The PAL stockholders meeting will be held 10 a.m. tomorrow at the Century Park Sheraton Hotel in Manila. While Lucio Tan and his group retain a majority of the stocks, management control has been ceded to Ramon Ang and the San Miguel group. Rivera said that ”Let us fly the flag proud with regular workers not just with new planes,” in response to news yesterday that PAL is acquiring Airbus jets in addition to earlier announced Boeing aircraft.

Rivera clarified that “Even as PALEA calls on the new management of PAL and its stockholders to end the dispute in order to revive the flag carrier, we remain vigilant in the face of continuing attacks on our members such as the criminal charges against the PALEA 300.” Last July 27 and August 3 respectively PALEA filed at the Municipal Trial Court and the Department of Justice motions to review the finding of “probable cause” against 234 of its members for alleged violation of RA 9497 or the Civil Aviation Authority of the Philippines (CAAP) Law, specifically Section 81 (b) (5) which sanctions “any person who destroys or seriously damages the facilities of an airport or disrupts the services of an airport.”

In a resolution dated June 20, 2012, the city prosecutor recommended the filing of information against respondents to the case which means that warrants of arrest may be issued anytime them. Rivera avers that “PALEA’s protest at the airport last September 27, 2011 was an exercise of the constitutionally guaranteed right of workers to concerted action and thus not illegal nor criminal.”

PALEA asserts that despite PAL’s use of contractual employees to replace its regular workforce, the lack of skilled workers and a boycott campaign has cut the airline’s passenger and cargo load factor. After almost a year of protest, a majority of the 2,400 PALEA members who were retrenched still refuse to accept their retrenchment and are determined to fight for regular jobs. Even among those who availed of separation, many nonetheless rejected working for the service providers.

The call for a global day of action by PALEA and has been endorsed by International Transport Workers Federation aviation section in the Asia Pacific, Qantas unions, the Australia-Asia Workers Links and the Turkish airline union Hava-is among others. “If airline workers take industrial action, on the same day, in a coordinated way, all over the world, we will be stronger and more effective,” declared participants to the global day of action (https://www.facebook.com/events/399444630110706/).

Workers picket CB in protest of $1B loan to IMF

Press Release

June 27, 2012

PALEA

Members of the Philippine Airlines Employees’ Association (PALEA) and the Partido ng Manggagawa (PM) picketed this morning the Central Bank headquarters and office of the Department of Finance at

Roxas Boulevard

in Manila in a protest against the controversial $1 billion loan to the International Monetary Fund (IMF). More than a hundred workers chanted “Help the needy not the greedy! Support Europeans thru solidarity not austerity!”

“How can Malacanang justify the loan as helping the Europeans when the supposed beneficiaries have rejected the IMF bailout and its conditionalities? By protests and through the polls, the workers and people of Greece, Spain, Portugal, Ireland, Italy and France have all rejected IMF austerity,” averred Gerry Rivera, PALEA president.

Renato Magtubo, PM national chair, insisted that “The $1B—which is the blood and sweat of our OFW’s—will harm our own migrant workers in Europe since the IMF’s austerity schemes dictate cuts in wages, reduction in social programs and liberalization of labor contractualization. By extending the loan to the IMF, our OFW’s and Europeans workers will earn less, lose public services and be easier to fire.”

The rally today also coincides with the 9^th month anniversary of PALEA’s fight against outsourcing. Last year, on September 27 PALEA launched a protest action at the airport against contractualization and up to now it maintains a picketline outside the PAL In-Flight Center. PALEA called on the new management of Philippine Airlines led by Ramon Ang to revive the flag carrier by reinstating its regular workers. “After nine months of protest, PALEA continues to labor for justice,” declared Rivera.

In reply to Presidential Spokesperson Edwin Lacierda’s assertion that the loan to the IMF will be help global stability, Rivera asserted that “It will just be used to bailout the bankers even as ordinary Europeans and migrant workers suffer the pains of austerity. In opposing the loan to the IMF, we are extending the hand of solidarity to our brothers and sisters in Europe. It is amazing that PNoy readily comes to the aid of European bankers but he is blind and deaf to the cries of the Filipino workers for wage increase and regular jobs.”

Magtubo added that “Instead of stabilizing, the IMF is destabilizing the economies of Europe. Despite receiving several bailouts from the IMF, Greece is in recession for five years running with unemployment at more than 20% in general but more than 50% for the youth. This year Spain fell into a double-dip recession with unemployment rates similar to Greece which will be aggravated by austerity measures dictated in the recent bailout scheme.”

“Just like Europe, the Philippines too is a victim to the anti-labor and anti-people policies of the IMF. Liberalization has led to the collapse of Philippine industry and agriculture resulting to job losses and rural unemployment. Privatization and deregulation has led to price hikes and worsening poverty. It is time for a paradigm shift. Uphold growth and hope instead of recession and injustice in Europe and the Philippines. Shift to a new paradigm of living wages, regular jobs, taxes on the rich, social services, national industrialization and agrarian reform,” Rivera explained.